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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Jun 15 2012, 8:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: STEVEN KNECHT Vonderheide & Knecht, P.C. Lafayette, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANDREW R. FALK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
OTONIEL MURO-ESPARZA, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A05-1111-CR-589

APPEAL FROM THE TIPPECANOE CIRCUIT COURT The Honorable Donald L. Daniel, Judge Cause No. 79C01-1101-FB-2

June 15, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Otoniel Muro-Esparza ("Muro-Esparza") appeals from his convictions and sentences, following a guilty plea, for Conspiracy to Commit Robbery and Robbery, both as Class B felonies,1 and for Theft, as a Class D felony.2 We affirm. Issues Muro-Esparza raises two issues for our review: 1. Whether his convictions for robbery and theft violate Indiana's constitutional prohibition against double jeopardy; and Whether his fifteen-year total executed sentence is inappropriate. Facts and Procedural History The factual basis supporting the guilty plea reveals that, on July 17, 2010, MuroEsparza, Brandon Harris-Crider, and Michael Gosnell agreed to rob a Village Pantry in Tippecanoe County. Gosnell stayed outside to serve as a lookout. Muro-Esparza and HarrisCrider, who was armed with a knife, concealed their faces and entered the store. The men threatened the clerk and held the knife on him while they stole cigarettes, lottery tickets, and cash. The State charged Muro-Esparza with Conspiracy to Commit Robbery, Robbery, and Theft. On July 29, 2011, Muro-Esparza pled guilty to all three counts without the benefit of

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Ind. Code

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